People v John Franklin



People v John Franklin
Motion No: 102408
Slip Opinion No: 2009 NYSlipOp 67118(U)
Decided on March 18, 2009
Appellate Division, Third Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.




Decided and Entered: March 18, 2009

Case # 102408


THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

v
JOHN FRANKLIN,

Defendant.


DECISION AND ORDER
ON MOTION


Motion to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied in that an appeal was not timely taken.
CARDONA, P.J., MERCURE, ROSE, LAHTINEN and KANE, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court